DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-10 and 19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “conventional seatless toilet” in claim 9 is a relative term which renders the claim indefinite. The term “conventional” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Without a definition of what is considered ‘conventional’ it is unclear what limitations the language imparts on the claim. At least Para. 0034 indicates that a ‘conventional’ seatless toilet can have different shapes.
Claim 10 is rejected due to its dependency from claim 9.
The term “conventional seatless toilet” in claim 19 is a relative term which renders the claim indefinite. The term “conventional” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Without a definition of what is considered ‘conventional’ it is unclear what limitations the language imparts on the claim. At least Para. 0034 indicates that a ‘conventional’ seatless toilet can have different shapes.
Claim 20 is rejected due to its dependency from claim 19.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-6 and 9-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2012/0023652 (Young).
Regarding claim 1, Young discloses a personal, portable, folding toilet seat (108) comprising:
a plurality of support sections (202; parts of seat between hinges); and
a plurality of hinges (206), each of the hinges configured to connected adjacent support sections together (Fig. 2A-2B) (Para. 0035);
wherein the personal, portable, folding toilet seat is configured for a first, deployed orientation (Figs. 2A-2B) and a second, stowed orientation (Fig. 4), wherein in the second, stowed orientated, the plurality of support sections are stacked upon each other (Fig. 4) (Para. 0035-0041).
Regarding claim 2, Young further discloses that the plurality of support sections include a first support section, a second support section, a third support section, a fourth support section, a fifth support section and a sixth support section (Figs. 2A-2B; annotated figure below).
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Regarding claim 3, Young discloses that the first support section is rotatably connected to the second support section with a first hinge.
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Regarding claim 4, Young disclose that the second support section is rotatably connected to the third support section with a second hinge.
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Regarding claim 5, Young states that the third support section is rotatably connected to the fourth support section with a third hinge.
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Regarding claim 6, Young discloses that the personal, portable, folding toilet seat is formed as a unitary, one-piece structure (Fig. 2A).
Regarding claim 9, Young discloses that the personal, portable, folding toilet seat is configured for placement on an upper surface of a bowl of a conventional seatless toilet (Figs. 1A-2B – seat is configured for placement on a horizontal support surface of a toilet around the bowl opening).
Regarding claim 10, Young discloses that the plurality of support sections cooperate to define an opening (110) that aligns with an opening in the bowl of the conventional seatless toilet (Fig. 1A – opening aligns with bowl opening; Para. 0028).
Regarding claim 11, Young discloses a method of using a personal, portable, folding toilet seat comprising the steps of:
connecting a plurality of adjacent support sections (202; sections of seat between hinges) together with a plurality of hinges (206);
orientating the plurality of adjacent support sections in a first deployed arrangement (Figs. 2A-2B) (Para. 0035); and
folding the plurality of adjacent support sections into a second, stowed orientation, wherein in the second, stowed orientated, the plurality of support sections are stacked upon each other (Figs. 3A-4) (Para. 0035-0041).
Regarding claim 12, Young discloses forming a first, second, third, fourth, fifth and sixth support sections (Figs. 2A-2B; annotated figure below).
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Regarding claim 13, Young discloses the step of connecting the first support section to the second support section with a rotatable first hinge (Figs. 2A-2B; annotated figure below).
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Regarding claim 14, Young discloses the step of connecting the second support section to the third support section with a rotatable second hinge (Figs. 2A-2B; annotated figure below).
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Regarding claim 15, Young discloses the step of connecting the third support section to the fourth support section with a rotatable third hinge (Figs. 2A-2B; annotated figure below).
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Regarding claim 16, Young discloses the step of forming the personal, portable, folding toilet seat is formed as a unitary, one-piece structure (Fig. 2A).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7-8 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Young in view of US 2017/0303698 (Howie).
Regarding claim 7, Young discloses that the seat can be constructed from any desired material including woven and non-woven fabrics (Para. 0033) but doesn’t specify the use of ethylene-vinyl acetate.
Howie teaches a portable antimicrobial seating (20) which in a first configuration acts as a barrier between a sitting user and a surface and which is configured to be folded up about a fold line (FL) into a second storage configuration when not in use (Para. 0055). Howie further teaches that the seat can be constructed from a variety of materials including ethylene-vinyl acetate (Para. 0056).
It would have been obvious to one of ordinary skill in the art to construct the seat out of ethylene-vinyl acetate, as taught by Howie, so as to provide a sturdy yet flexible seat structure which can withstand acting as a barrier between a sitting user and a surface while also being capable of folding into a storage configuration.
Regarding claim 8, Young states that the plurality of hinges have the form of a line of weakness in the material of the seat (Hinges 206 are areas of reduced thickness so a ‘living hinge’ or ‘line of weakness in the material in the seat).
Regarding claim 17, Young discloses a method of manufacturing the seat from any desired material including woven and non-woven fabrics (Para. 0033) but doesn’t specify the use of ethylene-vinyl acetate.
Howie teaches a portable antimicrobial seating (20) which in a first configuration acts as a barrier between a sitting user and a surface and which is configured to be folded up about a fold line (FL) into a second storage configuration when not in use (Para. 0055). Howie further teaches that the seat can be constructed from a variety of materials including ethylene-vinyl acetate (Para. 0056).
It would have been obvious to one of ordinary skill in the art to construct the seat out of ethylene-vinyl acetate, as taught by Howie, so as to provide a sturdy yet flexible seat structure which can withstand acting as a barrier between a sitting user and a surface while also being capable of folding into a storage configuration.
Regarding claim 18, Young states that the plurality of hinges have the form of a line of weakness in the material of the seat (Hinges 206 are areas of reduced thickness so a ‘living hinge’ or ‘line of weakness in the material in the seat).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Young in view of US 4,203,173 (Morris).
Regarding claim 19, Young discloses the use of the toilet seat (108) to provide a layer between a user and a toilet seat or other structures (Para. 0024) and. specifically discloses its use with a toilet having a bowl (104) and a separate seat structure (102) but does not explicitly disclose that the use of a toilet that is a ‘seatless’ toilet.
Morris teaches a toilet (10) for use in a secure installation like a prison (C7 L17-31) comprising a bowl (11) wherein the rim (13) has an upper surface (14) which forms an integral seat of the toilet (‘seatless’ toilet as it doesn’t utilize a separate seating structure) (Fig. 1; C5 L36-38).
It would have been obvious to one of ordinary skill in the art to utilize the toilet seat on other toilets including seatless toilets, such as that taught by Morris, to provide a barrier between the user and the waste receiving structure for comfort and/or to help prevent the spread of germs/contaminants from the toilet to the user.
Regarding claim 20, Young in view of Morris teaches the use of the toilet seat on a seatless toilet as previously discussed. Young further states that the plurality of support sections cooperate to define an opening (110) that aligns with an opening in the bowl of the toilet (Fig. 1A – opening aligns with bowl opening; Para. 0028).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2022/0015589 (Hugley) teaches a portable toilet seat of unitary construction from polyethylene vinyl having six sections joined by hinges formed by lines of weakness.
US 396,803 (Breher) is a toilet seat comprising a plurality of hinged sections which fold upon each other for storage.
US 1,592,597 (Becker) is a foldable toilet seat comprising a plurality of sections joined by hinges.
US 1,643,413 (Mahoney) is a toilet seat comprising a plurality of sections foldable over each other due to hinges in the form of lines of weakness.
US 3,576,038 (Dirks) is a seatless toilet.
US 10,722,084 (Evans) teaches a portable toilet seat comprising a unitary construction with a plurality of sections joined by hinges in the form of lines of weakness.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS A ROS/ Examiner, Art Unit 3754
/DAVID P ANGWIN/ Supervisory Patent Examiner, Art Unit 3754